Can I Sue My Doctor for Misdiagnosis of Cancer?
A cancer diagnosis can have devastating consequences for patients and their families, often followed by aggressive treatments and emotional turmoil. But what happens if you, later on, discover that the diagnosis was wrong or delayed? The unnecessary procedures, the pain, and the emotional and financial turmoil can be overwhelming and sometimes even life-threatening. If you’ve been affected by a cancer misdiagnosis, you may be wondering if you can take legal action. This blog explores the causes of cancer misdiagnosis, its impact, and how you can pursue justice.
How Does Cancer Misdiagnosis Happen?
Cancer misdiagnosis can occur due to various factors, ranging from human error to insufficient medical processes. Some common causes include:
- Failure to recommend proper tests
- Errors in testing or imaging
- Incompetence or negligence on the medical professional’s part
Cancer misdiagnosis can take several forms, such as:
- False Positive: Diagnosing cancer when the patient doesn’t have it.
- False Negative: Missing the presence of cancer despite symptoms or test results.
- Delayed Diagnosis: Identifying cancer only after a significant delay.
- Missed Diagnosis: Failing to recognize cancer.
When a cancer misdiagnosis happens, it can result in unnecessary treatments, worsening conditions, or missing an opportunity for timely care.
Commonly Misdiagnosed Cancers
In Florida, breast cancer, lung cancer, and colorectal cancer are among the most frequently misdiagnosed cancers. For example, breast cancer may be mistaken for benign conditions like fibrocystic breasts, while lung cancer is sometimes confused with asthma or pneumonia.
The Impact of Cancer Misdiagnosis
The physical, emotional, and financial toll of a cancer misdiagnosis can be massive. Some of the consequences of a cancer misdiagnosis include the following:
- Delayed treatment, resulting in the progression of cancer to advanced stages.
- Unnecessary interventions where a patient undergoes chemotherapy, surgery, or radiation for a condition they don’t have.
- Worsening condition because the patient missed treatment opportunities, leading to severe complications.
- Emotional trauma, consisting of anxiety, depression, and PTSD from misdiagnosed conditions or unnecessary treatments.
Can I Sue My Doctor or Hospital for Cancer Misdiagnosis?
Yes, you may have grounds for a medical malpractice suit if you are misdiagnosed with cancer, provided specific criteria are met. According to section 766.102 of the Florida Statutes, you must prove the following:
- Doctor-Patient Relationship
Proving a doctor-patient relationship is relatively straightforward if you seek medical care or advice from the doctor. This relationship is established once the doctor agrees to provide treatment or consultation.
- Duty of Care
You also need to establish that the doctor owed you a legal duty of care, which requires healthcare providers to meet the standards of a reasonably competent professional in similar circumstances.
- Breach of Duty
To prove a medical malpractice claim, you need to demonstrate that the doctor breached their duty of care, whereby their actions fell short, such as by failing to order tests or misinterpreting results.
- Causation
To win a case, you must prove causation, showing the misdiagnosis directly caused harm, such as delayed treatment worsening the condition.
- Damages
Finally, you must demonstrate damages suffered, including medical expenses, lost income, pain, emotional distress, or loss of enjoyment of life. In cases involving fatality, family members may recover for wrongful death or loss of companionship.
Contact Gunn Law Group p.a. Today for Legal Assistance
If you believe you’ve been a victim of cancer misdiagnosis, contact our experienced Tampa medical malpractice lawyer at Gunn Law Group P.A. today to discuss your case and learn how you can get the compensation you deserve.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html#:~:text=766.102%E2%80%83Medical%20negligence%3B%20standards%20of%20recovery%3B%20expert%20witness.%E2%80%94
